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Storm Water Management Facilities Maintenance Agreement 2015-0276218RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY. CA 92074 DOC# 2015 - 0276218 111111 VIII VIII VIII IIII 111111 VIII VIII VIII VIII VIII VIII IIII IIII May 29, 2015 04:59 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0,00 PAGES 33 (THIS SPACE FOR RECORDER'S USE) STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT 14111 Sky Mountain Trail (1314 -0358) The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) This AGREEMENT for the maintenance and repair of certain Storm Water Management Facilities is entered into between the Property Owner(s) Mike Long and Mary Long (hereinafter referred to collectively as "OWNER ") and the City of Poway (hereinafter referred to as "CITY") for the benefit of the CITY, the OWNER, the successors in interest to the CITY or the OWNER, and the public generally. WHEREAS, OWNER is the owner of certain real property located in the City of Poway, California, more particularly described in Exhibit "A" hereto (hereinafter referred to as the "PROPERTY"), which is a subdivision consisting of individual residential lots, in accordance with the application for Building Permit No. B14 -0358, which is on file with the CITY. This Agreement is required as a condition of approval for such development. WHEREAS, in accordance with the City of Poway's Standard Urban Storm Water Mitigation Plan, Poway Municipal Code, Chapter 16, Division VI (the "SUSMP Ordinance "), the City of Poway Subdivision Ordinance, the City of Poway Zoning Ordinance, the City of Poway Grading Ordinance and /or other ordinances or regulations of CITY which regulate land development and urban runoff, OWNER has proposed that storm water runoff from the PROPERTY be managed by the use of the following Storm Water Management Facilities which are identified as "Best Management Practices" or "BMPs ": Bioretention basins and self- retaining landscape area as identified in the approved water quality technical report and on the approved landscape plan. The precise location(s) and extent of the BMPs are indicated on the Water Quality Technical Report on file with CITY's Development Services Department as Water Quality Technical Report for Long Residence B14 -0358. The manner and standards by which the BMPs must be repaired and maintained in order to retain their effectiveness are as set forth in the Operation and Maintenance Plan (hereinafter "O &M PLAN "), which is attached hereto and incorporated herein as Exhibit "B ". /5 -D3(, Because additional impervious area may require the addition of or alteration of storm water management areas and strategies, no impervious area may be added to the project site without prior approval from the City Engineer. Additional impervious area includes, but is not limited to, patio covers, hardscape improvements, and building additions. WHEREAS, OWNER's representations that the BMPs will be maintained have been relied upon by CITY in approving OWNER's development applications. It is the purpose of this Agreement to assure that the BMPs are maintained, by creating obligations that are enforceable against the OWNER and the OWNER's successors in interest in the PROPERTY. It is intended that these obligations be enforceable notwithstanding other provisions related to BMP maintenance that are provided by law. NOW, THEREFORE, for consideration of (a) CITY's approval of the above development applications and (b) the mutual covenants set forth herein, IT IS HEREBY AGREED AS FOLLOWS: Maintenance of Storm Water Management Facilities. OWNER agrees, for itself and its successors in interest, to all or any portion of the PROPERTY, to comply in all respects with the requirements of the SUSMP Ordinance with regards to the maintenance of BMPs, and in particular agrees to perform, at its sole cost, expense and liability, the following "MAINTENANCE ACTIVITIES ": all inspections, cleaning, repairs, servicing, maintenance and other actions specified in the O &M PLAN, with respect to all of the BMPs listed above, at the times and in the manner specified in the O &M PLAN. OWNER shall keep records of this maintenance and provide copies of such records and annual certification of maintenance as requested by CITY. OWNER shall initiate, perform and complete all MAINTENANCE ACTIVITIES at the required time, without request or demand from CITY or any other agency. OWNER further agrees that "MAINTENANCE ACTIVITIES" shall include replacement or modification of the BMPs in the event of failure. Replacement shall be with an identical type, size and model of BMP, except that: (a) The City Engineer may authorize substitution of an alternative BMP if he or she determines that it will be as effective as the failed BMP; and (b) If the failure of the BMP, in the judgment of the City Engineer, indicates that the BMP in use is inappropriate or inadequate to the circumstances, the BMP must be modified or replaced with a more effective BMP to prevent future failure in the same or similar circumstances. 2. Notices. OWNER further agrees that it shall, prior to transferring ownership of any land on which any of the above BMPs are located, or any lot or portion of the PROPERTY which is served by the above BMPs, and also prior to transferring ownership of any such BMP, provide clear written notice of the above described maintenance obligations to the transferee. 3. CITY's Right to Perform Maintenance. It is agreed that CITY shall have the right, but not the obligation, to elect to perform any or all of the MAINTENANCE ACTIVITIES if, in the CITY's sole judgment, OWNER has failed to perform the same. Such maintenance by the CITY shall be conducted in accordance with the nuisance abatement procedures set forth in Poway Municipal Code Chapter 8.72. In the case of maintenance performed by the CITY, it may be performed by CITY forces, or a contractor hired by the CITY, at the CITY's sole election. It is recognized and understood that the CITY makes no representation that it SWMFMA Long Residence Page 2 intends to or will perform any of the MAINTENANCE ACTIVITIES, and any election by CITY to perform any of the MAINTENANCE ACTIVITIES shall in no way relieve OWNER of its continuing maintenance obligations under this agreement. If CITY elects to perform any of the MAINTENANCE ACTIVITIES, it is understood that CITY shall be deemed to be acting as the agent of the OWNER and said work shall be without warranty or representation by CITY as to safety or effectiveness, shall be deemed to be accepted by OWNER "as is ", and shall be covered by OWNER's indemnity provisions below. If CITY performs any of the MAINTENANCE ACTIVITIES, after CITY has demanded that OWNER perform the same and OWNER has failed to do so within a reasonable time stated in the CITY's demand, then OWNER shall pay all of CITY's costs incurred in performing the MAINTENANCE ACTIVITIES, plus an administrative fee. OWNER's obligation to pay CITY's costs of performing MAINTENANCE ACTIVITIES is a continuing obligation. If OWNER fails to pay CITY's costs for performing MAINTENANCE ACTIVITIES, CITY may assess a lien on the property or properties of the responsible parties pursuant to the procedures set forth in Poway Municipal Code Chapter 8.72. 4. Grant of Easement to CITY. OWNER hereby grants to CITY a perpetual easement over, under and all of the PROPERTY, for purposes of accessing the BMPs, inspecting the BMPs, and performing any of the MAINTENANCE ACTIVITIES specified in Paragraph 1 above. CITY shall have the right, at any time and without prior notice to OWNER, to enter upon any part of said area as may be necessary or convenient for such purposes. OWNER shall at all times maintain the PROPERTY so as to make CITY's access clear and unobstructed. 5. Administration of Agreement for CITY. CITY hereby designates the City Engineer as the officer charged with responsibility and authority to administer this Agreement on behalf of CITY. Any notice or communication to the City related to the implementation of this Agreement shall be addressed to: City Engineer City of Poway 13325 Civic Center Drive Poway, CA 92064 6. Defense and Indemnity. CITY shall not be liable for, and OWNER and its successors in interest shall defend and indemnity CITY and the employees and agents of CITY (collectively "CITY PARTIES "), against any and all claims, demands, liability, judgments, awards, fines, mechanic's liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (hereinafter collectively referred to as "CLAIMS "), related to this Agreement and arising either directly or indirectly from any act, error, omission or negligence of OWNER, OWNER's successors, or their contractors, licensees, agents, servants or employees, including, without limitation, claims caused by the concurrent negligent act, error or omission, whether active or passive, of CITY PARTIES. OWNER shall have no obligation, however, to defend or indemnify CITY PARTIES from a claim if it is determined by a court of competent jurisdiction that such claim was caused by the sole negligence or willful misconduct of CITY PARTIES. Nothing in this Agreement, CITY's approval of the development application or plans and specifications, or inspection of the work is intended to acknowledge responsibility for any such matter, and CITY PARTIES shall have absolutely no responsibility or liability therefore unless otherwise provided by applicable law. SWMFMA Long Residence Page 3 Allocation of Costs. Following the sale or transfer of any of the individual residential lots by OWNER, the cost of the MAINTENANCE ACTIVITIES required by this Agreement shall be divided equally by all lot owners, and paid by each lot owner or his or her heirs, assigns and successors in interest. This requirement shall be binding on all lot owners in the subdivision, and each shall be responsible for his or her equal share of the cost associated with the maintenance. 8. Agreement Binds Successors and Runs With the PROPERTY. It is understood and agreed that the terms, covenants and conditions herein contained shall constitute covenants running with the land and shall be binding upon the heirs, executors, administrators, successors and assigns of OWNER and CITY, shall be deemed to be for the benefit of all persons owning any interest in the PROPERTY (including the interest of CITY or its successors in the easement granted herein). It is the intent of the parties hereto that this Agreement shall be recorded and shall be binding upon all persons purchasing or otherwise acquiring all or any lot, unit or other portion of the PROPERTY, who shall be deemed to have consented to and become bound by all the provisions hereof. 9. OWNER's Continuing Responsibilities Where Work Commenced or Permit Obtained. Notwithstanding any other provision of this Agreement, no transfer or conveyance of the PROPERTY or any portion thereof shall in any way relieve OWNER of or otherwise affect OWNER's responsibilities for installation or maintenance of BMPs which may have arisen under the ordinances or regulations of CITY referred to in this Agreement, or other federal, state or CITY laws, on account of OWNER having obtained a permit which creates such obligations or having commenced grading, construction or other land disturbance work. 10. Amendment and Release. The terms of this Agreement may be modified only by a written amendment approved and signed by the Director of Development Services acting on behalf of CITY and by OWNER or OWNER's successor(s) in interest. This Agreement may be terminated and OWNER and the PROPERTY released from the covenants set forth herein, by a release, which CITY may execute if it determines that another mechanism will assure the ongoing maintenance of the BMPs or that it is no longer necessary to assure such maintenance. 11. Governing Law and Severability. This Agreement shall be governed by the laws of the State of California. Venue in any action related to this Agreement shall be in the Superior Court of the State of California, County of San Diego. OWNER hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure Section 394. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity, and enforceability of the remaining provisions shall not be affected thereby. SWMFMA Long Residence Page 4 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter. OWNER: Date: Mike Lo , A"n4 Date: 1- f Mary Lo CITY OF POWAY: 14WI'l Date: ert J. Mani Director of Development Se APPROVED AS TO FORM: Office of the City Attorney Morg L. ley, Ci Attorney Attachment 1. Certificate of Acceptance APPROVED AS TO CONTENT: Engineering Division P Steven Crosb City Engineer Wengserv\Land Development Projects\2014\e14 -0356 Long Residence \SWFMA.docx SWMFMA Long Residence Page 5 CALIFORNIA ALL-PURPOSE A. a - _ _a _ J. a. a ..a_ - ,..a, N a. State of California /� 1 County of �A /% On 'W5,-/Z' ZO/ before me, 7 �Y_Z L/ S �G- Date i Here Insert Nam and Title of the Officer personally appeared PHYLLIS SHINN Commission M 1956215 Notary Public - California i San Diego County SMI Comm. Wires Nov 9. 2015 who proved to me on the basis of satisfactory evidence to be the person* whose name(,4q is/4k subscribed to the within instrument and acknowledged to me that he /Sj>(s/th* executed the same in his/1)6r/tt* authorized capacity(iV4), and that by his /WthA4r-signature(k on the instrument the person0 4, or the entity upon behalf of which the person(M acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand d official seal. ,ppy Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Title or Type of Document J/U/(/rf lA0!'f4; %II/ll/r'/f6,t / /Y /�N/ 12 /tA/ /c5 // Document Date: /6-/ V ST ( /Zf ZQ y Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Signer's Nat ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 02007 National Notary Association •93W De Soto Ave., P.O. Box 2402•Chalsmah, CA 913132402 -w NationelNotary.om hem85907 Reordw:CallTdl -Fmei- 900878-5827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California /) County of 'Jfi/1/ 11/E�0 OnA*M_'V-1z,1w before me, 7 /7 /% / /11/ L L/ S Date - - I Here Insert Nam and Tire of the Officer personally appeared PHYLLIS SHINN Commission 8 1956215 z e Notary Public - California z San Diego County ' My Comm. Expires Nov 9, 2015 r who proved to me on the basis of satisfactory evidence to be the person(,M whose nameO4 is/* subscribed to the within instrument and acknowledged to me that I*she/t% executed the same in *her/ttyw authorized capacity(i*, and that by *dher/tf kr signature(, on the instrument the person(!, or the entity upon behalf of which the person(�Q acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand d official seal. Signature Place Notary Seal Ahwe Signature of Notary Pudic OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document //A Title or Type of ID vt� rtk s�tW /11E�l 14/ r /c3/�'/i1/�EN� Document Date: Gl Gf� 2�� Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer— Title(s): — ❑ Partner — O Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUf.1BPRINT' OF SIGNER Signer's Nat ❑ Individual • Corporate Officer — Title(s): _ • Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RI , TTHUr.1BPRINT O° SIGNER 02007 Naflonal Notary Assoctatlon • 9390 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402,w Natbnalhloteryorg Item M590] Reoncer: GWITdIFFea t- 800.818-882] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California I ) County of _: sAr Al E -6 O On /�if%Y , 2� /J� before me, 2-IC- Date \, , I Here Insert Name and Title of the Officer personally appeared IC (7/�t72T �J. t1_W1111s Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the persono whose name04 is/ak subscribed to the within instrument and acknowledged to me that he /$Ke /tt* executed the same in hi r /thAr authorized capacity(i", and that by his/WtP)si[ signatureOQ on the instrument the person( J, or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. PHYLLIS SHINN WITNESS my hand and official seal. Commission # 1956215 i ;O: Notary Public - California z z San Diego County ' Signature -b My Comm. Expires Nov 9, 2015 SI ature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docume L Title or Type of Docum : S f )y1/tr Document Date: Number of Pages: Signer(s) Other Than Named Above: m E P� Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F7 CNhec Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 CERTIFICATE OF ACCEPTANCE (Storm Water Management Facilities Maintenance Agreement) This is to certify that the interest in real property located in the City of Poway conveyed by the Grant of Easement described in Item 4 of the attached document dated:. 1 aj I , oZU IS from Mike Long and Mary Long to the City of Poway, a political corporation and /or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Resolution No. 34 adopted on January 20, 1981. Dated: C) CITY OF POWAY Seal: By: n-1 Sh ila R. Cobian, CMC City Clerk SWMFMA Long Residence Page 6 EXHIBIT "A" Legal Description For APN /Parcel ID(s): 323520 -05 -00 "L•1CZy=1111111i 14931 LOT 5 OF CITY OF POWAY TRACT NO. 04-02, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15407, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 9, 2006. PARCEL2. AN EASEMENT FOR ROAD AND UTILITY PURPOSES, TO BE USED IN COMMON WITH OTHERS, OVER, UNDER, ALONG AND ACROSS THOSE PORTIONS OF LOT 6 OF CITY OF POWAY TRACT NO. 04 -02, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORIA, ACCORDING TO MAP THEREOF NO. 15407, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 9, 2006, LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY: THE NORTHERLY 47.53 FEET OF THE EASTERLY 60 FEET OF THE SOUTHERLY 10 ACRES OF THE WESTERLY 20 ACRES OF THE EASTERLY 40 ACRES OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINTO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL3 AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND UTILITY PURPOSES, TO BE USED IN COMMON WITH OTHERS OVER, UNDER, ALONG SAID AND ACROSS A STRIP OF LAND 60.00 FEET IN WIDTH LYING WITHIN THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, THE EASTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHERLY 10 ACRES OF THE WESTERLY 20 ACRES OF THE EASTERLY 40 ACRES OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 19: THENCE NORTHERLY IN A STRAIGT LINE TO A POINT OF THE SOUTHERLY LINE OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, DISTANT THEREON 60.00 FEET WESTERLY OF THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 18, SAID EASEMENT TO TERMINATE SOUTHERLY IN THE SOUTHERLY LINE OF THE NORTHERLY 10 ACRES OF THE WESTERLY 20 ACRES OF THE EASTERLY 40 ACRES OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 19 AND TO TERMINATE NORTHERLY IN THE SOUTHERLY LINE OF SAID SECTION 18. PARCEL4 AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND UTILITY PURPOSES TO BE USED IN COMMON WITH OTHERS OVER, UNDER AND ACROSS A STRIP OF LAND 60.00 FEET IN WIDTH, LYING WITHIN THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, THE EASTERLY AND NORTHEASTERLY LINE OF SAID STRIP BEING DESCRIBED CLTA Preliminary Report Form - Modified (Adopted: 11.17.2006) Printed: 06.23.13( a� 10:12AM CA -CT -F WDO- 02180.055820- SPS -1 -1 3- 7 3 71 3 0061 5 6 EXHIBIT "A" Legal Description /aFI Is] ISiPJE: 1493? BEGINNING AT THE SOUTHEAST CORNER OF THE WESTERLY 360.00 FEET OF THE NORTHERLY 526.00 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 18; THENCE SOUTH 01 °2345" EAST, 500.00 FEET; THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 18, DISTANT THEREON 60.00 FEET WESTERLY OF THE SOUTHEAST CORNER OF THE WEST HALF OF SAID SOUTHEAST QUARTER, SAID EASEMENT TO TERMINATE NORTHERLY IN THE SOUTHERLY LINE OF THE NORTHERLY 526.00 FEET OF SAID WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND TO TERMINATE SOUTHERLY IN THE SOUTHERLY LINE OF SAID SECTION 18. PARCEL 5: AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND UTILITY PURPOSES TO BE USED IN COMMON WITH OTHERS OVER, UNDER AND ACROSS THE EASTERLY 60.00 FEET OF THE WESTERLY 360.00 FEET OF THE NORTHERLY 526.00 FEET OF THE WEST HALF FOF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. PARCEL6: AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND UTILITY PURPOSES TO BE USED IN COMMON WITH OTHERS OVER, UNDER AND ACROSS A STRIP OF LAND 60.00 FEET IN WIDTH, LYING WITHIN THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, THE EASTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE EASTERLY 245.00 FEET OF THE WEST HALF OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, THENCE ALONG THE WESTERLY LINE OF SAID EASTERLY 245.00 FEET, SOUTH 00 °43'53" EAST, 225.00 FEET TO THE SOUTHWEST CORNER OF THE NORTHERLY 225.00 FEET OF THE EASTERLY 245.00 FEET OF SAID WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, THENCE SOUTHERLY IN A STRAIGHT LINE TO THE NORTHEAST CORNER OF THE SOUTHERLY 275.00 FEET OF THE WESTERLY 360.00 FEET OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG THE EASTERLY LINE OF SAID WESTERLY 360.00 FEET, SOUTH 01 °23'45" EAST, 275.00 FEET TO THE SOUTHERLY LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER. SAID EASEMENT TO TERMINATE NORTHERLY IN THE SOUTHERLY LINE OF POWAY ROAD AS NOW LOCATED AND ESTABLISHED, AND TO TERMINATE SOUTHERLY IN THE SOUTHELY LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER. PARCEL7: A 60.00 FEET EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, UPON AND ACROSS ALL THAT PORTION OF THE SOUTHERLY 10 ACRES OF THE EASTERLY 20 ACRES OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 14 SOUTH, CLTA preliminary Report Form- Modred (Adopted: 11.17.2006) Panted: 06.23.13 C 10:12AM CA -CT -F WDO- 02160.055820- SPS -i -13. 7 371 3 0 06156 14933 EXHIBIT "A" Legal Description RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, THE CENTERLINE OF SAID 60.00 FEET EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHERLY 10 ACRES; THENCE ALONG THE WESTERLY LINE OF SAID SOUTHERLY 10 ACRES, SOUTH 00 °57'05" WEST, 210.00 FEET; THENCE SOUTH 88 °55'17" EAST, 30.00 FEET TO THE POINT OF BEGINNING OF SAID 60.00 FOOT EASEMENT; THENCE NORTH 00 057'05" EAST, 152.52 FEET TO THE BEGINNING OF A TANGENT 150.00 FEET RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 22 °32'38" A DISTANCE OF 59.02 FEET TO THE NORTHERLY LINE OF SAID SOUTHERLY 10 ACRES. PARCEL 8 AN EASEMENT FOR INGRESS, EGRESS AND UTILITY PURPOSES OVER THOSE PORTIONS OF SAID CITY OF POWAY TRACT NO. 04 -02, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15407, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 9, 2006, SHOWN AS "SKY MOUNTAIN TRAIL" ON SAID MAP. CLTA Preliminary Report Form - Modfied (Adopted! 11.17.2006) Printed 06.23.13 @ 10 12AM CA -C T -F W DO- 02180.055820 -S P S- 1.1 3 -7 3 71 3 0061 56 EXHIBIT "B" Long Residence Operation and Maintenance plan for Treatment BMPs. B14 -0358 City of Poway, Ca. Original: May 6, 2014 Revised: March 6, 2015 Revised: March 16, 2015 Prepared For: Mike Long 14111 Sky Mountain Trail Poway, CA 92064 Prepared By Florez Engineering 10732 Charbono Terrace San Diego CA, 92131 (858) 229 -2493 Exp: 12 -31 -16 L J No.0032391 XP. 12/31/1 �-CIV1 TABLE OF CONTENTS 1.0 INTRODUCTION 2.0 BIO- RETENTION / FIL 2.1 OPERATION AND MAINTENANCE 2.2 GENERAL MAINTENANCE 2.3 INSPECTION FREQUENCY AND REQUIREMENTS 2.4 MAINTENANCE FREQUENCY AND REQUIREMENTS 3.0 STORM DRAIN STENCILING 4.1 GENERAL MAINTENANCE 4.2 INSPECTION/MAINTENANCE FREQUENCY AND REQUIREMENTS 4.0 FISCAL RESOURCES - POST BMP MAINTENANCE AND MAINTENANCE ASSURANCE 4.1 MAINTENANCE MECHANISM TO BE IN PLACE BEFORE ACCEPTANCE 4.2 VERIFICATION MECHANISMS 4.3 RESPONSIBLE PARTY ATTACHMENT A. POST - CONSTRUCTION BMP PLAN B. SUSMP BIO- RETENTION LID HANDOUT VICINITY MAP SITE 1.0 INTRODUCTION This operation and maintenance plan is provided to establish mechanisms and guidelines for maintaining post - construction BMPs listed in the Water Quality Technical Report for The Long Residence. This plan will address maintenance funding methods in accordance with the City of Poway. This plan categorizes the maintenance activities to assure post - construction BMP's will be adhered to. 2.0 Bio- Retention Filtration and Hydromod Basins • The project proposes the use of Bio- Retention Filtration basins to meet LID compliance. The basins design will be augmented to increase its vertical depth and provide the volume needed to comply with the Hydromodifacation policies. • Runoff from the proposed impervious areas will drain into the proposed Bio - basins and percolate down through the amended soil. The soil filters out and retains the runoff pollutance. • The basin holding volume will detain the storm runoff from a statistical 10 year storm and an outlet control structure will allowed this volume to trickle out over a 72 to 90 hour period. • The outlet control structure is also designed as a riser with openings set to allow storm flows that exceed the 10 year storm flow to be discharged from the basin at levels not exceeding pre - development storm flows. 2.1 Operation and Maintenance The proper functioning of the proposed Bio- Retention / Detention basins depends on the long term maintenance provided for it, which is similar to the regular maintenance of any landscaped area with the addition of the periodic replacement of the amended soils and clearing of the outlet control structure. 2.2 General Maintenance • Trash and Debris. During each inspection and maintenance visit to the site, debris and trash removal will be conducted to reduce the potential for inlet and outlet structures and other components from becoming clogged and inoperable during storm events. • Sediment Removal. Sediment accumulation, as part of the operation and maintenance program should be monitored once a month during the dry season and after every storm of 0.50 inch or more. Specifically, if sediment reaches a level at or near plant height, or could interfere with flow or operation, the sediment will be removed. If accumulation of debris or sediment is determined to be the cause of decline in design performance, action within ten working days will be taken to restore the basin to design performance standards. Actions will include using additional fill and vegetation and/or removing accumulated sediment to correct channeling or ponding. Characterization and Appropriate disposal of sediment will comply with applicable local, county, state, or federal requirements. • Removal of Standing Water. Standing water must be removed if it contributes to the development of aquatic plant communities or mosquito breeding areas. Infestation of the outlet control structure for possible obstructions is required, • Fertilization and Irrigation. The vegetation seed mix (Bermuda grass or similar) has been designed so that fertilization and irrigation is not necessary. Fertilizers and irrigation will not be used to maintain the vegetation. • Controlled Outlet orifice Inspection and cleaning. Inspection and cleaning of the outlet control orifice is critical for maintaining compliance with the County's Hydromodification police. • Mulch Removal and Replacement. As the amended soil accumulates pollutance it turns to mulch. Most noticeable, at the top surface, the accumulation of mulch reduces available surface water storage volume. Removal of decomposed mulch also increases surface infiltration rate. • Remove and replace dead plants. If the Bio- Retention basin is planted with flowers, bushes or trees, inspect and remove dead plants. Replacement tree and bushes should be of the variety that have a shallow root system. • Mowing. If planted with just ground cover like grass, mowing is recommended at least once a month and the height should not be shorter than 2" for turf grasses and 3" for native grasses. Mowing should be scheduled so as to maintain a neat, trim appearance. Mowing frequency should be increased to twice a month during the peak growing season of late spring and early fall. However, the areas should be mowed less frequently during early spring, mid - summer and late fall, as infrequently as once every six months, as dictated by on -site needs and landowner preference. 2.3 Inspection Frequency and Requirements Frequency • Once a month at a minimum. • After every large storm (after every storm monitored or those storms with more than 0.50 inch of precipitation.) • On a weekly basis during extended periods of wet weather. Requirements (Visual Observation) • Monitor height of grass. • Inspect for debris accumulation. • Inspect for accumulated sediment. • Inspect raiser and orifice for obstructions. • Inspect for dead plants. • Inspect amended soil surface for signs of deterioration into mulch. 2.4 Maintenance Frequency and Requirements Frequency: Ground Cover • Twice a month at a minimum during peak growing season (late spring and early fall). • Once a month when blade growth is much slower (early spring, mid- summer and late fall). Planting • Once a year at a minimum during peak growing season (late spring and early fall). Amended Soil • Every 2 to 3 years. Controlled Outlet • Once after first rain of the season then monthly during rainy season. Requirement: Ground Cover • Mowing maintenance of the grass or trimming of the ground cover. • Removal of debris and sediment accumulation. • Weed herbicide control. • Weed removal Planting • Replace dead flowers, bushes and trees. Most die -outs will accrue in the fast year. • Weed herbicide control. • Weed removal Amended Soil • Remove the top 3 inches of amended soil to remove the decomposed surface mulch and top off with fresh amended soil. Controlled Outlet • Remove any obstruction in the riser structure or its grated cover. • Clean the orifice with a small brush or water jet. O� �O 3.0 Storm Drain Stenciling • In order to discourage deliberate waste dumping, the four proposed grated inlets shall be stenciled and clearly marked with the following sign "No Dumping! Flows to Ocean" • Place the message in a visible area within the exposed concrete face of the catch basin. 3.1 General Maintenance • Legibility of markers or signs should be maintained. ' • Remove accumulated debris or sediment around the catch basin to prevent blockage of message. 3.2 Inspection/Maintenance Frequency and Requirements Frequency • Inspect once a year at a minimum and replace marker if necessary. Requirements (Visual Observation) • Inspect for accumulated sediment or debris around catch basins. • Inspect for discoloring of message. 4.0 FISCAL RESOURCES Post BMP Maintenance and Maintenance Assurance 4.1 Maintenance mechanism to be in place before acceptance. (Section 16.104.010 of MC) • A blanket easement across the entire property shall be granted to the City of Poway for city representatives access to the proposed post construction BMPs. 4.2 Verification mechanisms. (Section 16.104.030 of MC) • The party responsible for the structural BMW maintenance shall provide to the City annual written verification of effective operation and maintenance of each approved treatment control BMP. (Ord. 702 § 12, 2010; Ord. 671 § 67, 2008; Ord. 569 § 2, 2002. Formerly 16.108.030) 4.3 Responsible Party. • The property owners are responsible for all inspection and maintenance activities as outlined in this plan. • Inspection and Maintenance records shall be kept for a minimum of 5 years and be made available to the City of Poway upon request. ATTACHMENT A POST - CONSTRUCTION BMP PLAN 1-Z I-- Z 0 U) I � � � / w w 0 z z z LLI O < L 8 2 z z 0 0 z O z LU C) Lli w Ix > w U) LU IL m 6 < z w -j -j z � �\ F- z LLI CL ■ U) z ATTACHMENT B SUSMP BIO- RETENTION BASIN LID HANDOUT CHAPTER 4: LID DESIGN GUIDE Best Uses • Commercial areas • Residential subdivisions • Industrial developments PHOTO ON FILE • Roadways • Parking lots • Fit in setbacks, medians, and other landscaped areas Bioretention detains runoff in a surface reservoir, filters it through Advantages plant roots and a biologically active soil mix, and then infiltrates it Can be any shape into the ground. Where native soils are less permeable, an Low maintenance underdmin conveys treated runoff to storm drain or surface ■ Can be landscaped drainage. Lineations Bioretention facilities can be configured in nearly any shape. When . Require 4% of configured as linear swoms, they can convey high flows while tributary impervious percolating and treating lower flows. square footage Bioretention facilities can be configured as in- ground or above- . Typically requires 3-4 ground planter boxes, with the bottom open to allow infiltration feet of head to native soils underneath. If infiltration cannot be allowed, use • Irrigation typically the sizing factors and criteria for the Flow- Through Planter. required ► CRITERIA For development projects subject only to runoff treatment requirements, the following criteria apply: Parameter Soil mix depth Soil mix minimum percolation rate Soil mix surface area Criterion 18 inches minimum 5 inches per hour minimum sustained (10 inches per hour initial rate recommended) 0.04 times tributary impervious area (or equivalent) 117 County SUSMP— August 2012 CHAPTER 4: LID DESIGN GUIDE Parameter Criterion Surface reservoir depth 6 inches minimum; may be sloped to 4 inches where adjoining vrAw ys. Underdmin Required in Group "C" and "D" soils. Perforated pipe embedded in gravel ("Class 2 permeable" recommended), connected to storm drain or other accepted discharge point. P. DETAILS Plan. On the surface, a bioretention facility should be one level, shallow basin —or a series of basins. As runoff enters each basin, it should flood and fill throughout before runoff overflows to the outlet or to the next downstream basin. This will help prevent movement of surface mulch and soil mix. 0 x In a linear swale, check dams should be placed so that the lip of each dam is at least as high as the toe of the next upstream dam. A similar principle applies to bioretention facilities built as terraced roadway shoulders. Inlets. Paved areas draining to the facility should be graded, and inlets should be placed, so that runoff remains as sheet flow or as dispersed as possible. Curb cuts should be wide (12" is recommended) to avoid dogging with leaves or debris. Allow for a minimum reveal of 4 " -6" between the inlet and soil mix elevations to ensure turf or mulch buildup does not block the inlet. In addition, place an apron of stone or concrete, a foot square or larger, inside each inlet to prevent vegetation from growing up and blocking the inlet. 112 County SUSMP— August 2012 i C H A P T E R 4 : L I D D E S I G N G U I D E i Where runoff is collected in pipes or gutters and conveyed to the facility, protect the landscaping from high - velocity flows with energy - dissipating rocks. In larger installations, provide cobble - lined channels to better distribute flows throughout the facility. Upturned pipe outlets can be used to dissipate energy when runoff is piped from roofs and upgradient paved areas. Soil mix. The required soil mix is similar to a loamy sand. It must maintain a minimum percolation rate of 5" per hour throughout the life of the facility, and it must be suitable for ra main'n' g plant life. Typically, on -site soils will not be suitable due to clay content. Storage and drainage layer. "Class 2 permeable," Caltrens specification 68- 1.025, is recommended. Open - graded crushed rock, washed, may be used, but requires 4 " -6" washed pea gravel be substituted at the top of the crushed rock gravel layers. Do not use filter fabric to separate the soil mix from the gravel drainage layer or the gravel drainage layer from the native soil. Underdrains. No underdrain is required where native soils beneath the facility are Hydrologic Soil Group A or B. For treatment -only facilities where native soils are Group C or D, a 113 county SUSMP -- August 201 z CHAPTER 4: LID DESIGN GUIDE perforated pipe must be bedded in the gravel layer and must terminate at a storm drain or other approved discharge point. outlets. In treatment -only facilities, outlets must be set high enough to ensure the surface reservoir tills and the entire surface area of soil mix is flooded before the outlet elevation is reached. In swales, this can be achieved with appropriately placed check dams. The outlet should be designed to exclude floating mulch and debris. Vaults, utility boxes and light standards. It is best to locate utilities outside the bioretention facility —in adjacent walkways or in a separate area set aside for this purpose. If utility structures are to be placed within the facility, the locations should be anticipated and adjustments made to ensure the minimum bioretention surface area and volumes are achieved. Leaving the final locations to each individual utility can produce a haphazard, unaesthetic appearance and make the bioretention facility more difficult to maintain. Emergency overtlow. The site grading plan should anticipate extreme events and potential dogging of the overflow and route emergency overflows safely. Trees. Bioretention areas can accommodate small or large trees. There is no need to subtract the area taken up by roots from the effective area of the facility. Extensive tree roots maintain soil permeability and help retain runoff. Normal maintenance of a bioretention facility should not affect tree lifespan. The bioretention facility can be integrated with a tree pit of the required depth and filled with structural soil. If a root barrier is used, it can be located to allow tree roots to spread throughout the bioretention facility while protecting adjacent pavement. Locations and planting elevations should be selected to avoid blocking the facility's inlets and outlets. 114 County SUSMP— August 2072 CHAPTER 4: LID DESIGN GUIDE ► APPLICATIONS Multi- purpose landscaped areas. Bioretention facilities are easily adapted to serve multiple purposes. The loamy sand soil mix will support turf or a plant palette suitable to the location and a well- drained soil. Example landscape treatments: • Lawn with sloped transition to adjacent landscaping. • Swale in setback area • Swale in parking median • Lawn with hardscaped edge treatment • Decorative garden with fomtal or informal plantings • Traffic island with low- maintenance Landscaping • Raised planter with seating • Bioretention on a terraced slope 115 County SUSMP— August 2012 CHAPTER 4: LID DESIGN GUIDE Residential subdivisions. Some subdivisions are designed to drain roofs and driveways to the streets (in the conventional [Wanner) and then drain the streets to bioretention areas, with one bioretention area for each 1 to 6 lots, depending on subdivision layout and topography. If allowed by the local jurisdiction, bioretention areas can be placed on a separate, dedicated parcel with joint ownership. HUo ILE "TO Sloped sites. Bioretention facilities must be constructed as a basin, or series of basins, with the circumference of each basin set level. It may be necessary to add curbs or low retaining walls. 116 County SUSMP— August 2012 i 1 CHAPTER 4: LID DESIGN GUIDE Design Checklist for Woretention ❑ Volume or depth of surface reservoir meets or exceeds minimum. ❑ 18" depth `loamy sand- soil mix with minimum long -term percolation rate of 5" /hour. ❑ Area of soil mix meets or exceeds minimum. • Perforated pipe underdrain bedded in "Class 2 perm" with connection and sufficient head to storm drain or discharge point (except in "A" or "B" sods). • No filter fabric. ❑ Underdrain has a dean -out port consisting of a vertical, rigid, non - perforated PVC pipe, with a minimum diameter of 6 inches and a watertight cap. ❑ Location and footprint of facility are shown on site plan and landscaping plan. • Bioretention area is designed as a basin (level edges) or a series of basins, and grading plan is consistent with these elevations. If facility is designed as a swale, check dams are set so the hp of each dam is at least as high as the toe of the next upstream dam • Inlets are 12" wide, have 4" -6" reveal and an apron or other provision to prevent block -age when vegetation grows in, and energy dissipation as needed. • Overflow connected to a downstream stomm drain or approved discharge point. ❑ Emergency spillage will be safely conveyed oveAand. ❑ Plantings are suitable to the climate and a well- drained soil. ❑ Irrigation system with connection to water supply. ❑ Faults, utility boxes, and light standards are located outside the minimum soil mix surface area ❑ When excavating, avoid smearing of the soils on bottom and side slopes. hfinimize compaction of native sods and "rip" soils if clayey and /or compacted. Protect the area from construction site runoff. 117 County SUSMP— August 2012 I C H A P T E R 4 : L I D D E S I G N G U I D E BAS. OU u SURFACE AREA (SEE OCTAIL) (NO¢ 1) EOREMY /OLIANQVT HEADWALL T .� N M£RT EMEROENCY S UWAY WIR W WIN PLAN VIEW NOT TO SONS EdsaAr /CVAxgrt TOR a al9M 1"m OUIID' vE 510110E D1016DICT (M DDS pILLMY YS=1 O111f1.OW d 8 T4RfORI.TE➢ PIPE Vd $IO2) 1B' SHECBIIX i (IINDERDPAM) (NOT[ 2) PUNIINC 41% A A MT YAL t F 6 1 NOTE T. S ,NOE MEA WR ORERMINM W C W OE SPoanM PLANTING 41%, WON i Di GOWFRHED BY THE OUTLET SHILL ELEVATION. MR REWIRED SUWACE MM REIER TO THE EK.TORS MD EOUARON5 IN THE STORWATER CA GLRDESWR. 2. Vf Ii7O tl ACCOW UBIrtO WITH IKLTRATION IRCHIM, P MMTED INKS. CI 2 KRM M OMER AT 1W DMIGNIM 01MR17TON. S� jP 9{ J Bioretention Facility A 1 118 County SUSMP— August 2012 I. i �q 8 e CHAPTER 4 : L I D D E S I G N G U I D E 119 County SUSMP— August 2012 { aurtAU PPE (m1. NGfE 1) PEAGORRED UNDEftON/JH NVIDE 6 ORIi10E MALE OONXECIIDN (SEE NGE 1) CLOSED YESN GRATE (flu MOTE9 4 1HRU n PLAN N.TS. CATCH 8W1 CLOSED MESH GRATE (GEN. NDTE9 4 IDR) E) SPEGUIED ML MIX _ ti ORME RAZE ME SEE DETNL DRS 6XEET FL. � � (GEN. NOTE J) I�� III I III II � II I I I_ii I I ILL hIIL IiKI qp1��FF,� M (0FI1 IIOIE�) 11141i1,i �[ `� -Il GRAVEL .1. R • FLOM FERF TED LNDEROMN SECTION N.T.S. GRACE RATE: NN SOONC MAENLOHS 1.0 R GREATER D WE ON HG -GP DN.VANEm P VIER M S' (TP) NGLJ MA DEER GRILLED 0w) NOTE 1' o I MGM RK T. CRIME RATE E FLANGE ACE GvImmR (OM) CONE1EEI TO CONCRETE WED PER DESIGN CRDERY SNW. M n7ED N J0 DUROMETEA NEOPRENE RIND. bA HGE (1TP) FLOW CONTROL ORIFICE PLATE Bioretention Facility Outlet Detail - A 119 County SUSMP— August 2012